Licensing Sub-Committee Report City of Westminster · 2016-12-09 · Financial summary: None Report...

City of Westminster

Item No:

Date: 15 December 2016

Licensing Ref No: 16/10999/LICV – Variation of Club Premises Certificate

Title of Report: Paddington Sports Club Castellain Road London W9 1HQ

Report of: Director of Public Protection and Licensing

Wards involved: Maida Vale

Policy context: City of Westminster Statement of Licensing Policy

Financial summary: None

Report Author: Miss Heidi Lawrance Senior Licensing Officer

Contact details Telephone: 020 7641 2751 Email: [email protected]

Licensing Sub-Committee Report

1. Application

1-A Applicant and premises

Application Type: Variation of a Club Premises Certificate, Licensing Act

2003

Application received date:

11 October 2016

Applicant: Paddington Sports Club

Premises: Paddington Sports Club

Premises address: Paddington Bowling & Sports Club Castellain Road London W9 1HQ

Ward:

Maida Vale

Cumulative Impact Area:

None

Premises description:

Private Members Club.

Variation description: To extend the hours for all qualifying club activities: Monday to Thursday until 23:30 hours & Friday and Saturday 00:00 hours. To permit such licensable activities to run continuously throughout the day. To extend the hours for qualifying club activities on Christmas Day and on Sundays before Bank Holidays. To increase the licensable area to include the outside terrace and garden. The external licensed area is to permit consumption only. To vary conditions to reflect new hours and to remove obsolete conditions.

Premises licence history:

The premises have been licensed since August 2005.

Applicant submissions: None submitted.

1-B Current and proposed licensable activities, areas and hours

Sale by Retail of Alcohol On or off sales Current : Proposed:

Both Both Current

Hours Proposed

Hours Licensable Area

Start: End: Start: End: Current: Proposed: Monday 11:00

17:30 15:00 23:00

11:00 23:30 Clubhouse only. Please see current plan attached at Annex 1.

To increase the licensable area to include the outside terrace and garden. Please see revised plan attached at Annex 1 (ref: A10-010)

Tuesday 11:00 17:30

15:00 23:00

11:00 23:30

Wednesday 11:00 17:30

15:00 23:00

11:00 23:30

Thursday 11:00 17:30

15:00 23:00

11:00 23:30

Friday 11:00 17:30

15:00 23:00

11:00 00:00

Saturday 11:00 17:30

15:00 23:00

11:00 00:00

Sunday 12:00 22:30 12:00 22:30 Seasonal variations/ Non-standard timings:

Current: Proposed: Sundays immediately before a

Bank Holiday until 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Hours premises are open to the public Current

Hours Proposed

Hours Premises Area

Start: End: Start: End: Current: Proposed: Monday 11:00

17:30 15:00 23:00

11:00 00:00 Clubhouse only. Please see current plan attached at Annex 1.

To increase the licensable area to include the outside terrace and garden. Please see revised plan attached at Annex 1 (ref: A10-010)

Tuesday 11:00 17:30

15:00 23:00

11:00 00:00

Wednesday 11:00 17:30

15:00 23:00

11:00 00:00

Thursday 11:00 17:30

15:00 23:00

11:00 00:00

Friday 11:00 17:30

15:00 23:00

11:00 00:30

Saturday 11:00 17:30

15:00 23:00

11:00 00:30

Sunday 12:00 22:30 12:00 23:00 Seasonal variations/ Non-standard timings:

Current: Proposed: Sundays immediately before a

Bank Holiday until 00:00. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

1-C Layout alteration

No layout alterations have been applied for. The applicant has applied to increase the licensable and new plans have been submitted ref: A10-010.

1-D Conditions being varied, added or removed

Condition Proposed variation

Condition 7:

Alcohol shall not be sold or supplied except during permitted hours.


In this condition, permitted hours means:

(a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11.00 to 15.00 and 17.30 to 23.

(b) On Sundays, other than Christmas Day or New Year’s Eve, 12.00 to 22.30

I On Good Friday, 12.00 to 22.30

(d) On New Year’s Eve, except on a Sunday, 11.00 to 23.00

(e) On New Year’s Eve on a Sunday, 12.00 to 22.30

(f) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following

Condition 7 to be removed or varied to:



In this condition, permitted hours means:

(a) On weekdays Monday to Thursday: 11:00 until 23:30, Friday to Saturday: 11:00 until 00:00 and Sunday 12:00 until 22:30.

(b) Sundays immediately before a Bank Holiday until 00:00

I From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

day (or, if there are no permitted hours on the following day, midnight on 31st December).

(g) On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the chief executive of the justices for the petty sessions area in which the premises are. The said hours shall:

(i) not exceed six and a half hours;

(ii) not begin earlier than 12.00;

(iii) not end later than 22.30 ;

(iv) provide for a break of at least 2 hours, including 15.00 to 17.00;

(v) not extend for more than three and a half hours after 17.00.

NOTE – The above restrictions do not prohibit:

(a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

I during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption ancillary to the meals;

(d) the supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(e) the ordering of alcohol to be consumed off the premises or the despatch by the vendor of the alcohol so ordered (a

member of a registered club in person);

(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

Notices shall be prominently displayed at

area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

The entrance door and any windows shall be closed at 23:00 hours or at all times regulated entertainment is provided, except for the immediate access and

egress of patrons.

Members should at all times show consideration to local residents by keeping noise down to tolerable levels when playing, participating in activities in the Clubhouse and leaving the car park.

Adult entertainment: Current position: Proposed position: Not applicable Not applicable.

2. Representations

2-A Responsible Authorities

Responsible Authority:

Metropolitan Police Service

Representative: Mr Bryan Lewis

Received:

3rd November 2016

I am writing to inform you that the Police, as a Responsible Authority, object to your application for a variation of a club certificate as it is our belief that if granted the application may undermine the Licensing Objectives contained in the 2003 Licensing Act. Our objections relate to the follow:

• There are insufficient conditions to support the licensing objectives

• More information required to assess this application

Further submissions submitted 17th November 2016 The Police representation is now withdrawn. My enquires have indicated this premises is not a source of crime and disorder, associated with the supply of alcohol. Responsible Authority:

Environmental Health Consultation Team

Representative: Mr Ian Watson

Received:

7th November 2016

I refer to the application for variation of the Club Premises Certificate.

The applicant has submitted a plan of the external area dated 5.4.12. This representation is based on the plans and operating schedule submitted. The applicant is seeking the following 1. To increase the hours for the sale by retail of alcohol Monday to Thursday 10.00 to

23.30 hours, Friday and Saturday 10.00 to 00.00 hours and Sunday 12.00 to 22.30 hours. Sunday immediately before a Bank Holiday to 00.00 hours. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

2. To increase the licensed area to include the outside terrace and garden in accordance with drawing number A10-010. The external licensed area is to permit consumption only.

3. To vary condition 4 to remove the following obsolete conditions – (a), (b), (c), (d), (e), (g) and Notes (a), (b), (c), (e), (f), and (g).

I wish to make the following representation. 1. No objection. 2. The provision and hours requested for Recorded Music will have the likely effect of

causing an increase in Public Nuisance within the area. 3. No objection. The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance within the area. The applicant has provided conditions with the application that are being considered. On 6 December 2016, Mr Watson provided further information on the noise history of the premises as follows: A check on the premises file shows the following noise related complaints for the past two years. Sunday 24th July 2016 @ 00.02 hours. Loud music and people in the tennis making a lot of noise. Started around 7pm. Caller spoke to a bar manager at the Sports Club who said he would inform his manager but nothing has been done. Noise officer on site @ 00.06 hours and call came through while on site, no noise at the time of visit. Caller requested no call back. Thursday 30th July 2015 @ 22.56 hours. Noise from drinkers at the Paddington Sports Club. Noise officer visited @ 00.15 hours and no noise at time of visit. Thursday 30th July 2015 @ 22.11 hours. There are a large group of people in the cafe/bar area at the Paddington Sports Club. The group are being very noisy and causing disturbance. Please call complainant to discuss noise levels and if they are supposed to be making this much noise at this time of night. Noise officer visited @

22.30 hours and feedback given to customer. Two additional conditions are proposed in addition to those proposed by the applicant to address prevention of public nuisance. • No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.

• After 23:00 hours patrons permitted to temporarily leave and re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them. 2-B Other Persons

Name: Mr AMRISH SHARMA

Address and/or Residents Association:

72 CASTELLAIN MANSIONS CASTELLAIN ROAD LONDON W9 1HA

Received:

2nd November 2016

We have reviewed the application and wish to object on the strongest possible terms. The proposed extension of the licensing hours throughout the day and until midnight together with extending the licensed area (the outside terrace and garden) will adversely and negatively affect our: - Residential amenity; and - Right to a private and family life. We are routinely disturbed by load music and shouting late into the evening from the clubhouse during licensing hours. After licensing hours patrons are slow to leave the clubhouse (despite signage to the contrary) and still causing disturbance after club closing hours. This overspills onto Castellain Road where the clubhouse has no control. Extending the duration of licensing hours, with an overspill into the outside terrace and garden will cause further significant noise and disturbance both during and after licensing hours. As the name suggests it is the "Paddington Bowling & Sports Club". Tennis, squash and bowling should be its primary purpose and not to become a pub/nightclub venue. We have young children (as do many of our neighbours) and they, especially, should not be disturbed by music, shouting so late into the night. Further, allowing alcohol to be served outdoors will (especially during the summer months) make the noise even more audible and disruptive. The preventative measures proposed by the applicant will do little or nothing to prevent the public nuisance. For example, how will ensuring the entrance door and any windows remain closed until 11pm result in the reduction of public nuisance in the outside terrace and garden? Further, the music is often so load that it is clearly audible through the windows. A true preventative measure would be to soundproof the clubhouse, install a sound limiter and to not extend the licensing area to the garden and outside terrace.

We therefore politely request that you strongly consider the application. Name: Mr Ashwini Chandra


Flat 230 Castellain Mansions Castellain Road Maida Vale W9 1HD

Received:

4th November 2016

Given the proximity of the sports club to residential flats that surround it, it is highly likely that this request is going to increase noise and disturbance for the community that surrounds the sports club. At the moment the rules are such that the club has little negative impact on the flats in the area. The changes to operating hours can and will only have a negative impact from noise and disturbance to the residents surrounding the centre with no benefit to the broader community other than members of the sports club. I strongly object to the application as it does not contribute positively to the neighbouring residents or broader Maida Vale community. Name: Mr Salvatore Imperatore


150 Castellain Mansions Castellain road London W91HB

Received:

1st November 2016

The proposed variation to the licence is highly likely to result in unwanted noise especially over the weekend when one wants to rest. Considering my bedrooms are facing the side of the proposed extension. Based on these facts I strongly object to the proposed licence variation. Name: Mr JONATHAN SPEED


160 CASTELLAIN MANSIONS CASTELLAIN ROAD LONDON W9 1HB

Received:

30th October 2016

I would like to object to the proposal to extend the hours for all licensable activities and to increase the licensed area to include the outside terrace at Paddington Sports Club on the following grounds: 1) The clubhouse, entrance and access pathway are all within very close proximity to a large number of residential properties that form the perimeter of the club grounds and there is already a regular impact of noise pollution experienced within residential properties caused by people using club facilities and entering and exiting the premises. 2) Any extension in the licensed hours will directly impact local residents negatively and would be a great concern considering the proposed hours disrupting residents rest and

sleep. The residents in the local area have a number of families that have young children and any increased or more frequent noise pollution will have a negative impact on the quality of lives. 3) The proposal to increase the licensed area to include the outside terrace is of particular concern. Currently, alcohol is at times consumed by members on the bowling green and adjacent terrace and at these times, it is very noticeable that the noise pollution levels become increasingly disruptive and antisocial. The outside terrace mentioned within the proposal is very close to residential properties on Castellain Road. Name: Mrs Sue Stannard


Flat 124 Castellain Mansions Castellain Road London W9 1HB

Received:

20th October 2016

I fully object to the license extension for this application. We are directly opposite the club on the second floor and sometimes the noise is extremely raucous. We count the minutes until 11 pm knowing that at least we will then get peace and quiet. Extending these times and allowing the extension to be outside which is directly opposite our bedroom window will exasperate the situation. The people are always extremely loud, normally worse for wear and on occasions have decided to play games or shout swear words at each other or vomit. The noise is better when the doors are shut but to allow tipsy people outside in a dense residential area opening the doors so that music is blaring out just so more money can be put in the till is highly inconsiderate to the people who actually live here. I don't want to have to pursue noise abatement which will involve extra cost for the council but if the hours are extended and the noise is anything like it is before the current closing time then I will be left with no choice. Consideration should be paid to the people living here, it is already a strange situation to have a tennis club between flats and we have people playing tennis until late at night with the floodlights on swearing at either each other or their poor play so why wish to antagonise the situation further and cause animosity with the residents as I feel we are already very tolerant? Name: Mr James Gunton


140 Castellain Mansions London W9 1HB

Received:

25th October 2016

I would like to express a strong objection to this proposal. As a resident who's property overlooks PSC, the noise levels that we hear from the club are very high and extending the hours beyond 11pm would have a very detrimental effect on the residents. We hear high levels of noise emanating from the club, especially during the summer when the terrace is used, during busy evenings and when social events are run at the club. This is particularly the case at the end of the event when people leave the building. This is particularly the case as none of the buildings overlooking the site have double glazing windows so the noise pollution from the club is high. I believe the current arrangements where all events finish at 11pm are acceptable / suitable since this does not disturb

resident's sleep but extending the hours beyond that would harm this considerably. As a resident with a young family, I would like to express my objection to the proposal which I know is shared by a number of residents in our building. Name: Mr David Hague


38 Castellain Mansions Castellain Road London W91HA

Received:

4th November 2016

Extending licensing hours, especially to an outdoor location, would cause an increase in noise and disturbance to neighbours who were trying to sleep in bedrooms facing the sports club i.e. really close to it. Club customers who had been enjoying a late night drink would be returning to the club car park for a period of time after the club closed i.e. up to 12 30 am or 1am and it is unrealistic to assume that they would all be leaving quietly. I like the Sports club but I oppose this application Name: Mr Gerard Pieters


67 Delaware Mansions Delaware Road London W9 2LJ

Received:

20th October 2016

We live in one of the flats adjoining the sports club, and one of our bedrooms faces the tennis club. The sports club occasionally has parties until midnight (not many) and when they happen the sound is very clearly audible in our bedroom. On one occasion we had to email them to ask for people to keep doors to the clubhouse to be closed, as there were some people socialising outside (warm evening) which caused our baby's sleep to be disturbed. The club was very good and did this immediately. They always seem considerate, so we feel that the occasional party is fair enough despite that we can hear much of it. To have a permanent area for socialising outside would cause us concerns at the hours listed (until 23:30 or midnight), as generally early risers will have gone to bed by then. A more reasonable approach in my view would be to allow this until 9 or 10pm only, as well as ensuring no music is played outside (or doors open). Name: Mrs Candida Coghlan


Flat 44, Delaware Mansions Delaware Road London W9 2LH

Received:

22nd October 2016

Provided the variation is STRICTLY limited to extension of the licensing hours, as appears to be the case from the documentation, we have absolutely no objection to this. But, importantly, if this is used as a pretext to allow recorded or live music audible from

the club, then we object in the strongest possible terms to the 16/10999/LICV application. Our kitchen & bedroom windows directly back onto the Sports Club Pavilion House. We have had endless noise pollution problems in the past from the club- refer to WCC Noise Team records. Not only does the music radiate from the club premises into our property, but bass sounds radiate through the floor into our beds so we are faced with a boom, boom, boom when laying our heads on the pillows. It is unbearable, stressful and disturbs our sleep. We are comfortable with the proposals to extend licensing hours, but would want absolute assurances that the extension to the license will NOT be accompanied by recorded or live music. We have a right to enjoy the peace and quiet of our property. Name: Cassie Young


148 Castellain Mansions London W91HB

Received:

31st October 2016

I strongly object to this application. The bedrooms of the Castellain mansions west face directly onto Paddington Sports Club. The noise from the sports club can already be heard quite loudly, eg from the tennis courts and the people visiting the clubs, particularly on the weekends. To grant this proposed late night extension to sell alcohol and extend the licenced areas would only make the noise levels worse. I therefore strong object to this licence application. This is a residential area and not an area designed for business. Name: Mr Spencer Gold


118 Castellain Mansions Castellain Road London W9 1HB

Received:

31st October 2016

I live directly opposite the clubhouse and the outside terrace referred to in the application. The terrace is literally the width of one tennis court away from my flat, and my bedroom windows directly face it. The proposed extension to licensing hours and to the use of the outside terrace will significantly increase the level of noise and disturbance I will be subjected to, and it will have a severe impact on the quiet enjoyment of my home. Attendees of the club, bar and outside terrace will have chosen to attend the venue, whereas I am unable to escape the increased noise which the extensions will result in - as it will occur directly outside my home and late into the night - and potentially every night of the year. I am already disturbed by loud shouting and swearing from club members, and noise from the occasional annual events (Christmas and New Year's parties) is extremely invasive, so there is every likelihood that the proposed extensions will cause the same level of disturbance on a more frequent basis. The proposed extension is a significant change to the current licensing arrangements, and will cause a significant and detrimental effect on what is a long standing, quiet residential area. There are already various long-established pubs (which I have chosen

not to live next to) for the consumption of alcohol throughout the day and which have outside space, and any change in permission will disproportionately and unfairly affect me due to the proximity of the location, and my inability to avoid any subsequent increase in noise and disturbance which will likely follow. Name: Mr Boaz Yariv


202 Castellain Mansions London W9 1HD

Received:

7th November 2016

The tennis club is located in the back garden side of a residential area with bedrooms facing the club. The bar facility is supposed to support the sports facilities which should stop at 10pm. Already with the current licence agreement, we get disturbed by the social activities and in particular the noise of revellers who show no consideration as they exit the club making noise on the long exit path at the back of Castellain Mansions. Therefore we strongly oppose any extension of licencing hours and also think that extending the licence to external areas is inappropriate to this location. Name: Dr Annick Schilders


144 Castellain mansions London W91HB

Received:

30th October 2016

We are against the proposed extension of opening hours as there is already considerable noise at night. This is a fully enclosed space and unfortunately the noise bounces off the walls. We are right in front of the outdoor seating area and will have most disturbance. We are also against including the outdoor seating area in the licensable area for the same reason. Name: Mr Robin Francis



Received:

25th October 2016

The proposal to extend the licensing hours to 23.30 hours Monday to Thursday and until 24.00 on Friday and Saturday would likely lead to a significant increase in noise and disorder late at night. The proposal to extend the licensed area to the garden and terrace would lead a dramatic increase in noise and disturbance both during the weekend when we are trying to relax and at night when we are trying to sleep. As the garden is in a space enclosed by residential buildings noise tends to echo and carry a long way.

The bedrooms of the residents of Castellain Mansions West face the sports club. The license extension would lead to a significant disturbance to the sleep patterns of both the adult residents and the children who live here. Paddington Sports Club is a sports club in a residential area. This application would mean that it would also become a late night events/ night club business. To my mind this seems totally inappropriate. Addition information submitted

I have attached a photo of the Paddington Sports Club garden from the window of our flat. It emphasises just how close it is to our flat. Indeed it is just a tennis court width away. If the garden was formally licensed it could be expected to create an awful lot of noise and nuisance during the day, at weekends and during the evenings. This is especially the case as the bedrooms of my children and my/ my wife's bedroom face the sports club. Paddington Sports Club is surrounded on all four sides by 4 storey residential flats. Because of this any noise from the garden/club house echoes off the walls of the flats and is magnified. At the moment there are some occasions when there are large number of bar clients talking and drinking in the garden. On these occasions the noise is significant and very invasive for the reasons outlined in the previous paragraph. At present Paddington Sports Club has some events/discos late at night in the bar area. Sometimes this is okay but other times we are aggressed by loud noise when PSC cant be bothered to shut the terrace doors that lead onto the garden. So I think that a late night extension of its hours would, in practise, tend to lead to greater noise nuisance and harm to the residents. Finally I note that PSC is not only just a private members club anymore. For example it is actively touting its facilities for corporate hire during the day and in the evening. We note that the garden is an integral part of its corporate package. The numbers involved Here are significant as PSC says that it can host corporate bowls events for up to 50 people. http://psclondon.com/category/about/#hire. So the license extension and licensed area extension could generate an awful lot of noise. We note also that Westminster and Hampstead hockey club are currently associate social members and are apt to engage in drinking games in the garden.

Name: Mr Neal Kelshaw


82 Castellain Mansions Castellain Road Maida Vale W9 1HB

Received:

28th October 2016

The application should be rejected as it serves no purpose other than to provide late night alcohol, music, singing & dancing for public use, rather than the enjoyment of club facilities for members. Without further restrictions on the existing licence terms there will be more noise and nuisance than is the case for existing use at Paddington Sports Club. The licence application for alcohol extension should be rejected. Furthermore, the existing licence conditions for recorded music, singing and dancing should be restricted to the existing licence conditions of 23:00 Mon-Sat:22:30 Sunday (or 30 mins after to allow for closing) from "UNRESTRICTED". There is no objection to the request removing the closure at 15:00 obligation. Neither is there any objection to the terrace being used per se, as long as it is used with the constraints mentioned in the application and subject to the timing constraints I have outlined. It is reasonable for club "MEMBERS" to enjoy some late events and therefore the licence terms should state that a number of extensions shall be allowed per year, upto the total timings of 00:00 Mon-Sat: 22:30 Sun for Alcohol Sales and 00:30 / 23:00 premises closure respectively. Functions should only be provided for official events or private events organised for "MEMBERS" who should be fully paid members. I would suggest a reasonable number is 8 times per year. Public parties could still operate upto

the existing licenced hours subject to noise obligations, including the use of the terrace. Each extended licence application should state the purpose of the party and whether it is a club function or private members event. This will keep the use of the sports club in the area to that appropriate of a members club and not to become a public events enterprise with the problems with noise, nuisance and parking that this will cause in the neighbourhood. Name: Mrs M.C Walker


Flat 194 118 Castellain Mansions Castallian Road London

Received:

4th November 2016

I live directly opposite the clubhouse and the outside terrace referred to in the application. The terrace is literally the width of one tennis court away from my flat, and my bedroom windows directly face it. The proposed extension to licensing hours and to the use of the outside terrace will significantly increase the level of noise and disturbance I will be subjected to, and it will have a severe impact on the quiet enjoyment of my home. Attendees of the club, bar and outside terrace will have chosen to attend the venue, whereas I am unable to escape the increased noise which the extensions will result in - as it will occur directly outside my home and late into the night - and potentially every night of the year. I am already disturbed by loud shouting and swearing from club members, and noise from the occasional annual events (Christmas and New Year's parties) is extremely invasive, so there is every likelihood that the proposed extensions will cause the same level of disturbance on a more frequent basis. The proposed extension is a significant change to the current licensing arrangements, and will cause a significant and detrimental effect on what is a long standing, quiet residential area. There are already various long-established pubs (which I have chosen not to live next to) for the consumption of alcohol throughout the day and which have outside space, and any change in permission will disproportionately and unfairly affect me due to the proximity of the location, and my inability to avoid any subsequent increase in noise and disturbance which will likely follow. Name: Mr Richard Simpson


196 Castellain Mansions London W9 1HD

Received:

6th November 2016

I can already hear a lot of noise from people playing tennis. I would only consider supporting this if the club provided double glazed windows for all flats. Name: Mrs Gwen Francis



Received:

7th November 2016

MAIN POINTS OF OBJECTION: 1) NOISE AND NUISANCE: The proposal to extend the licensed hours and the formally licensed area has the potential to dramatically increase noise nuisance. This would affect the residents during the day (on weekdays and at the weekend) when for instance my children do their homework and read for pleasure. It would also have the potential to produce late night noise until 2400 hours during weekdays and 00:30 at weekends (includes half an hour drinking up time). At present there are currently some occasions when there are large numbers of bar clients drinking in the garden. When this occurs the noise from these clients drinking and talking is significant and very invasive as it echoes off the walls of the flats which surround PSC on all sides. Because of the enclosed nature of the space the sound also carries a long way. 2) NOT JUST A PRIVATE MEMBERS CLUB ANYMORE: We note that PSC is not just a private members club anymore. For example it is actively touting its facilities for corporate hire during the day and in the evening. We note that the garden is an integral part of its corporate package. The numbers involved here are significant as PSC says that it can host corporate bowls events for up to 50 people. http://psclondon.com/category/about/#hire. So the license extension and licensed area extension could generate an awful lot of noise. We note also that Westminster and Hampstead hockey club are currently associate social members and are apt to engage in drinking games in the garden. 3) PLAYING OF LIVE AND RECORDED MUSIC OUTSIDE: The application form is ambiguous as to whether it would allow PSC to play live and recorded music outside. It would seem that by formally licensing the garden it would make it easier to justify the playing of recorded and live music outside. As residents we obviously object strongly on the basis of noise nuisance. 4) SLEEP DEPRIVATION Name: Cllr Crocket


Ward Cllr

Received:

7th November 2016

I wish to object to this application on behalf of some forty local residents who have signed the petition attached hereto. PSC is a sports club surrounded on all four sides by high density residential buildings. If its proposals were granted there is a grave danger in my opinion that the Club would also become a late night events business/ night club. There is strong local opposition to

these proposals. In broad terms I would object to the extension of the times of PSC's licence and the listening of its outdoor space for the following reasons: 1. NOISE AND NUISANCE: The proposal to extend the licensed hours and the formally licensed area has the potential to dramatically increase noise nuisance. This would effect the residents during the day (on weekdays and at the weekend) and late night noise until 2400 hours during weekdays and 0030 at weekends (including half an hours drinking up time). At present there are currently some occasions when there are large numbers of bar clients drinking in the garden. When this occurs the noise from these clients drinking and talking is significant and very invasive as it echoes off walls of the flats which surround PSC on all sides. Because of the enclosed nature of the space the sound also carries along way. PSC is actively advertising is facilities for corporate hire during the day and in the evening. The numbers involved here are significant as PSC says that it can host corporate bowls events for up to 50 people (see http//psclondon.com/category/about/#hire). Consequently, the license extension and licensed area extension could generate an awful lot of noise. Currently residents are disturbed by various sports clubs engaging in drinking games in the garden and this is liable to continue. 2. PLAYING OF LIVE AND RECORDED MUSIC OUTSIDE: The application form is ambiguous as to whether it would allow PSC to play live and recorded music outside. It would seem that by formally licensing the garden it would make it easier to justify the playing of recorded and live music outside. This would be most unwelcome by proximate residents. 3. SLEEP DEPRIVATION: The bedrooms of the residents of Castellain Mansions West face PSC. Many are little more that a tennis court width away from the terrace/garden. The proposals to license the garden and extend the licensing hours could be expected to lead to significant sleep deprivation, particularly for children who are likely to go to bed earlier. Cllr Crocket has also submitted a petition which is attached at Annex 6 Name: Miss Svetlana Tikhomirova


74 Castellain mansions Castellain Road London W9 1HA

Received:

4th November 2016

I firmly object the application made by Paddington Bowling & Sports Club to extend the licensing hours both during the weekdays and the weekend. The windows of both bedrooms in the flat I live in face the Club's courts, bar and the terrace and all the noise coming from there can easily be heard in the bedrooms even when the windows are

closed (and certainly when the windows are open). I have been leaving in this flat for over two years now and I confirm that the current situation as it is when the bar and the adjacent terrace are regularly open until 23.00 on weekdays already creates issues. I previously had to contact the Westminster Noise Control regarding a particularly loud party at the terrace late on a weekday and I am confident that extended hours will make the situation worse. The noise coming from the bar prevents me from having a good night's sleep (it is particularly the case in the summer time) which affects my productivity at work the following day. Generally, I believe the Club is the sports establishment and its primary goal should remain to serve the sports needs. There are a lot of bars, pubs and restaurants in the area to go to after a nice tennis or bowls game. There is no need for a drinking facility on the territory of the Club which is located inside the residential buildings and there is definitely no reason for extending its licensing hours. As such, I recommend that you reject this application to extend the licensing hours in the interests of residents in the area who would like to enjoy their rights of peaceful and free of harassment residency. Name: Anthony Enraght-Moony and Fiona Enraght-

Moony Address and/or Residents Association:


Received:

4th November 2016

We write as member and former member of Paddington Sports Club and local residents to oppose the above application. Our flat is sited directly opposite the clubhouse and garden and our concern is for the risk of nightly noise disturbance to us and to our teenage son who is also a tennis member. We have already suffered occasional but unacceptable noise nuisance caused by late partying at the club when people have spilled out onto the patio and garden area evidently fuelled by alcohol. To date such activity within the clubhouse itself has not caused problems and we understand the licenced area does not extend outside it. The proposed extension of permitted hours to include patio and garden exposes us to the risk of unavoidable increased nuisance on a regular basis and as such is wholly unacceptable. The occasional nuisance suffered to date raises the issue of adequate control of licenced premises as such incidents should not have occurred. As to control we reject the claim that items (d) 2 and 3 of part M of the application would be effective in controlling noise nuisance in the patio and garden because they refer

solely to activity inside the clubhouse. Further, the practical effect of notices under item ( d)1 of part M is likely to be very limited in cases of late partying especially when alcohol and music combine. We are also concerned that the application may include the right to manage or site musical equipment outside the clubhouse. If such is the case we object to the same. Further ,bearing in mind the club now advertises itself as hosting corporate functions we are concerned such user is highly likely to increase the risk of nuisance to us. Therefore, on grounds of foreseeable and increased noise nuisance and of questionable control of licenced premises to date and as evidenced in the application we object to the proposed variation of the existing licence. Name: Mr Rustom Irani


165 Delaware Mansions Delaware Road London W9 2LL

Received:

5th November 2016

To have licensing hours to 11.30pm every night and midnight on weekends and including outside is nightmarish for neighbours such as me (especially as I have young children) that back on to the club. I have been a member of the club (and may re-join), but this is a recipe for noise disturbance potentially every night. Name: Ms Eleanor Doohan



Received:

3rd November 2016

I live behind the club and it is a great club. However I would object to the late licence every weekend. If they wanted to have one weekend a month or the bank holiday weekends with a late licence that would be acceptable but not very weekend. The noise of people leaving and drinking outside on the terrace carries and it would either wake us or keep us awake. Name: Mr Sean Beck


Flat 74 Castellain Mansions Castellain Road London W9 1HA

Received:

27th October 2016

I strongly object to this application to extend the licensing hours of the Paddington Sports Club on the grounds that such approval would impinge upon my rights to

peaceful and free of harassment residency. The Club is situated in a residential area and many of its patrons already show little consideration to the needs of local residents as judged by unnecessary noise throughout the day including obscenities. Management of the club consistently ignores the interests of surrounding residents by leaving doors and windows open past the existing licensed hours and allow for the consumption of alcohol amongst groups on the terrace at late hours. Complaints have been ignored and I have even had to telephone the Westminster Noise Team about recorded music being played through open doors and windows and drunken groups convalescing outside at late hours. Thus I have no faith that the applicant's proposals to prevent public nuisance will be effective or even enforced. Maida Vale is already well served by a number of pubs and there is no need for another establishment with extended licensing hours. Furthermore, there are no noise barriers between the sports club and the surrounding apartments meaning that noise can travel uninterrupted from the Sports Club to all homes and already does so. Extending the licensing hours of the Paddington Sports Club will without doubt cause me disturbance and prevent normal and sufficient hours of sleep. It would be lamentable if I could not open a bedroom window in the summer until the early hours. I strongly recommend that you refuse this application in the interests of local residents who simply want the benefit of a good night's sleep. Name: Ms Danielle Chisolm


Flat 238, Castellain mansions Castellain Road London W9 1HD

Received:

30th October 2016

My flat overlooks the tennis courts. The sound of tennis being played is quite loud throughout the day. As it is now playing past 8 is entirely too late and keeps my children awake, as their bedroom is on that side of the building. The players are often too loud and use strong profanity. The club office is not open at night so residents have no resource when loud players are on the court. I do not want to hear people playing tennis all night long, that is not why I bought my flat. This a quiet neighbourhood, that should remain that way. Allowing the courts to stay open even later would change the nature of this quiet residential neighbourhood. Therefore I object to extending the hours at the Paddington Bowling and Sports Club. Name: Mrs Shweta Sharma



Received:

3rd November 2016

The club is already a nuisance as the members often exceed already permitted times and tennis players can be heard playing till 10. There is little regard or respect for

neighbours. The parties, especially on weekends are noisy and loud. Summers are really tough as the tennis players tend to make maximum use of extended sunlight without realising that people around the club would like some peace and quiet and the same thing can be said about their summer parties. I am a mother of a 15 month old and the boisterous and noisy behaviour of club users often keeps us awake at night. I agree that the club is a great place for residents to socialise. However, the little regard its members pay to local residents makes me oppose any changes or extension in the club's opening hours. Name: Ms Yoko Tode


105 Delaware Mansions Delaware Road London W9 2LJ

Received:

20th October 2016

Extending the opening time to later at night means more noise to the residents of Delaware Mansions. I wouldn't mind agreeing to the application providing the tennis courts and outdoor facilities are not to be used. Name: Ms Liz Cater


228 Castellain Mansions Castellain Road London W9 1HD

Received:

3rd November 2016

My flat is directly next to the driveway to the Sports Club and my bedroom window faces the entrance to the car park; at present the club's members and visitors regularly leave the club after 10:30pm in the week and as late as 1am on weekends. Should the hours of licensing be extended, this will result in louder, more disruptive activity directly outside my flat almost every night of the week. The Club's marginal commercial benefit from an extension of their licensing hours will surely be negligible compared to the marked and clear detriment caused to me and my fellow residents in Castellain Mansions. Name: Miss Karen Wild



Received:

2nd November 2016

Both myself and my partner object to this extension in licensing hours. Where the sports club is located is in an enclosed space surrounded by residential flats on all 4 sides. Due to this when noise is generated within the area it is amplified and echo's around the space. Many times in the past when the club closes there has been excessive noise

generated as people make their way to the carpark and the exit, screaming and laughing. It should be noted that people have to walk the length of the sports club grounds to exit the club by 240 Castellian Mansion. By extending the hours of the club will mean that people will leaving the club around midnight every evening and disturbing the local residents as they leave and this is unacceptable, bearing in mind that most flats have bedrooms that face onto the Club. We are lucky to live in a quiet residential area so near the centre of London, and by extending these hours and by licensing the outside terrace will only result in more noise echoing around the space and waking residents. Why should so many residents be affected by this just so a club can make more money from the increased alcohol sales. For the sake of the quality of life and sleep for the surrounding residents this license should not be approved. Name: Ms M K DELEERSNIJDER



Received:

31st October 2016

The application submitted by Paddington Sports Club is unacceptable in what is a totally residential area. Already now, especially in summer when sleeping with open windows, the noise coming from the club house is disturbing for people retiring early. The idea of extending licensing hours and consumption outside the club house would ruin the character of the neighbourhood and the quality of life of the residents of Castellain Mansions west. I therefore strongly object to the application. Name: Catherine McGarry


Received:

6th November 2016

I wish to make a representation to the effect that I am not happy with a licenced premises being placed directly under the window of my flat where I have been a resident for 33 years. The current location of the club house is in the centre of the grounds of the Sports Club and therefore is far less likely to give off the noise which will be experienced if the club house is placed directly under my window. As I am sure you are aware noise carries upwards and there are many and several reasons why it would be unreasonable to have such a licensed premises so close to the block of flats. There are many elderly residents, of which I am one, who would not enjoy being subject to noise coming from a licenced premises SO close to a block of flats and one or two of the residents are also unwell. I imagine in the summer time it will resemble a pub where people spill out onto the grounds and that too would be even worse, considering that it is planned to be allowed from 11.00 a.m. until midnight Monday to Thursday and from 11.00 to 12.30 a.m. on Friday and Saturday and from noon to 11.00 p.m. on a Sunday and to 12.30 a.m. before a Bank Holiday. We were only notified of this application this week and it is insufficient notice to expect

all residents to have had a chance to give feedback on this variation of a licence. It would be appreciated if an extension could be given to enable other residents who are currently away an opportunity to make a comment on this licence before it is given the go ahead. 3. Policy & Guidance

The following policies within the City Of Westminster Statement of Licensing Policy apply: Policy HRS1 applies (i) Applications for hours within the core hours set out below in

this policy will generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy.

(ii) Applications for hours outside the core hours set out below in this policy will be considered on their merits, subject to other relevant policies.

Policy PVC1 applies Applications will be granted subject to other policies in this

Statement, provided it is demonstrated that they will not add to cumulative impact in the Cumulative Impact Areas.

4. Appendices

Appendix 1

Premises plans

Appendix 2

Applicant supporting documents

Appendix 3

Premises history

Appendix 4

Proposed conditions

Appendix 5 Residential map and list of premises in the vicinity

Appendix 6 Petition submitted by Cllr Crocket

Report author: Miss Heidi Lawrance

Senior Licensing Officer Contact: Telephone: 020 7641 2751

Email: [email protected]

If you have any queries about this report or wish to inspect one of the background papers please contact the report author. Background Documents – Local Government (Access to Information) Act 1972

1 Licensing Act 2003 N/A

2 City of Westminster Statement of Licensing Policy

7th January 2016

3 Amended Guidance issued under section 182 of the Licensing Act 2003

March 2015

4 Application Form

11th October 2016

5 Representation – MET Police 3rd November 2016 6 Representation – Environmental Health 7th November 2016 7 Representation – Amrish Sharma 2nd November 2016 8 Representation – Salvatore Imperatore 1st November 2016 9 Representation - Jonathan Speed 30th October 2016 10 Representation – Sue Stannard 20th October 2016 11 Representation – James Gunton 25th October 2016 12 Representation – David Hague 4th November 2016 13 Representation – Gerard Pieters 20th October 2016 14 Representation – Candida Coghlan 22nd October 2016 15 Representation – Cassie Young 31st October 2016 16 Representation – Spencer Gold 31st October 2016 17 Representation – Boax Yariv 7th November 2016 18 Representation – Dr Annick Schilders 30th October 2016 19 Representation – Robin Francis 25th October 2016 20 Representation – Neal Kelshaw 28th October 2016 21 Representation – Mrs M C Walker 4th November 2016 22 Representation – Richard Simpson 6th November 2016 23 Representation – Gwen Francis 7th November 2016 24 Representation – Cllr Crocket 7th November 2016 25 Representation – Svetlana Tikhomirova 4th November 2016 26 Representation – Mr and Mrs Emraght-Moony 4th November 2016 27 Representation – Rustom Irani 5th November 2016 28 Representation – Eleanor Doohan 3rd November 2016 29 Representation – Sean Beck 27th October 2016 30 Representation - Danielle Chisolm 30th October 2016 31 Representation – Shweta Sharma 3rd November 2016 32 Representation – Yoko Tode 20th October 2016 33 Representation – Liz Cater 3rd November 2016 34 Representation – Karen Wild 2nd November 2016 35 Representation – Ms M K Deleersinijder 31st October 2016 36 Representation – Catherine McGarry 6th November 2016

Appendix 1 Premises Plans – Current

Premises Plans – Proposed

Appendix 2 Applicant Supporting Documents None submitted.

Appendix 3

Licence & Appeal History Application

Details of Application

Date Determined

Decision

05/05028/LICCV Club Certificate conversion

30/08/2005 Granted under Delegated Authority

06/11763/WCCMAC Master Licence – Club Certificate

10/11/2006 Granted under Delegated Authority

There is no appeal history

Appendix 4

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE AND CONDITIONS PROPOSED BY A PARTY TO THE HEARING When determining an application for a variation of a premises club certificate under the provisions of the Licensing Act 2003, the licensing authority must, unless it decides to reject the application, grant the licence subject to the conditions which are indicated as mandatory in this schedule. At a hearing the licensing authority may, in addition, and having regard to any representations received, grant the licence subject to such conditions which are consistent with the operating schedule submitted by the applicant as part of their application, or alter or omit these conditions, or add any new condition to such extent as the licensing authority considers appropriate for the promotion of the licensing objectives. This schedule lists those conditions which are consistent with the operating schedule, or proposed as appropriate for the promotion of the licensing objectives by a responsible authority or an interested party as indicated. These conditions have not been submitted by the licensing service but reflect the positions of the applicant, responsible authority or interested party and have not necessarily been agreed Conditions: On Current Licence - Mandatory: 1. The responsible person shall take all reasonable steps to ensure that staff on

relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

2. In this paragraph, an irresponsible promotion means any one or more of the

following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children –

(a) games or other activities which require or encourage, or are designed to

require or encourage, individuals to–

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed

or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

(d) provision of free or discounted alcohol in relation to the viewing on the

premises of a sporting event, where that provision is dependent on– (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring;

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

3. The responsible person shall ensure that no alcohol is dispensed directly by one

person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

4. The responsible person shall ensure that free tap water is provided on request to

customers where it is reasonably available. 5. The premises licence holder or club premises certificate holder shall ensure that

an age verification policy applies to the premises in relation to the sale or supply of alcohol.

The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

6. The responsible person shall ensure that:

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures– (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and

(b) customers are made aware of the availability of these measures. Condition 7 to be removed or amended: 7. Alcohol shall not be sold or supplied except during permitted hours.

In this condition, permitted hours means: (a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve,

11.00 to 15.00 and 17.30 to 23. (b) On Sundays, other than Christmas Day or New Year's Eve, 12.00 to 22.30 (c) On Good Friday, 12.00 to 22.30 (d) On New Year's Eve, except on a Sunday, 11.00 to 23.00

(e) On New Year's Eve on a Sunday, 12.00 to 22.30 (f) On New Year's Eve from the end of permitted hours on New Year's Eve to

the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

(g) On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the chief executive of the justices for the petty sessions area in which the premises are. The said hours shall: (i) not exceed six and a half hours; (ii) not begin earlier than 12.00; (iii) not end later than 22.30 ; (iv) provide for a break of at least 2 hours, including 15.00 to 17.00; (v) not extend for more than three and a half hours after 17.00.

NOTE - The above restrictions do not prohibit:

(a) during the first twenty minutes after the above hours the consumption of

the alcohol on the premises;

(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c) during the first thirty minutes after the above hours the consumption of the

alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption ancillary to the meals;

(d) the supply of alcohol to or the consumption of alcohol by any person

residing in the licensed premises;

(e) the ordering of alcohol to be consumed off the premises or the despatch by the vendor of the alcohol so ordered (a member of a registered club in person);

(f) the sale of alcohol to a trader or registered club for the purposes of the

trade or club;

(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(h) the taking of alcohol from the premises by a person residing there;

(i) the supply of alcohol for consumption on the premises to any private

friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(j) the supply of alcohol for consumption on the premises to persons

employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is

supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

The applicant has proposed that if the committee is minded not to remove this condition it be amended to: Alcohol shall not be sold or supplied except during permitted hours.

In this condition, permitted hours mean:

(a) On weekdays Monday to Thursday: 11:00 until 23:30, Friday to Saturday: 11:00 until 00:00 and Sunday 12:00 until 22:30.

(b) Sundays immediately before a Bank Holiday until 00:00

(c) From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

Annex 2 – Conditions consistent with the operating Schedule Conditions proposed by the applicant: 8. Notices shall be prominently displayed at area used for smoking requesting

patrons to respect the needs of local residents and use the area quietly. 9. The entrance door and any windows shall be closed at 23:00 hours or at all times

regulated entertainment is provided, except for the immediate access and egress of patrons.

10. Members should at all times show consideration to local residents by keeping

noise down to tolerable levels when playing, participating in activities in the Clubhouse and leaving the car park.

Annex 3 – Conditions attached after a hearing by the licensing authority None Conditions proposed by Environmental Health: 11. No noise shall emanate from the premises nor vibration be transmitted through

the structure of the premises which gives rise to a public nuisance. 12. After 23:00 hours patrons permitted to temporarily leave and re-enter the

premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

Appendix 5

Residential Map and List of Premises in the Vicinity

Premises within 100m of the premises:

p/n Premises Name Premises address Opening Hours

26309 British Broadcasting Corporation (BBC)

British Broadcasting Corporation Delaware Road London W9 2LG

Sunday 09:00 - 00:00 Monday to Saturday 09:00 - 00:30

Appendix 6 Petition submitted

Licensing Sub-Committee Report City of Westminster · 2016-12-09 · Financial summary: None Report...

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